Zimmerman v. Savage

— Appellee brought this action to enjoin appellant, as county treasurer, from collecting the expense of cleaning out and repairing appellee’s allotment of a public ditch.

Appellant demurred to the complaint for want of facts, which was overruled. Appellant filed an answer in two paragraphs, to the second of which appellee filed a reply. The cause was tried by the court, and at the request of the parties, the court made a special finding of facts, and stated its conclusions of law thereon, and over a motion for a new trial judgment was rendered in favor of appellee. The errors assigned call in…